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Calcutta High CourtWPA/9335/2025disposed

Md. Rajjak Molla @ Md. Abdul Rajjak @ Abdul Rajjak Molla v. The State Of West Bengtal And ORS.

2025-05-07Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 36 07.05.2025 Kausik ct.no.35 W.P.A. 9335 of 2025 Md. Rajjak Molla @ Md. Abdul Rajjak @ Abdul Rajjak Molla

Versus

The State of West Bengal & Ors.

Ms. Juin Dutta Chakraborty Mr. Bidan Modak Ms. Arpita Kundu ...for the petitioner.

Mr. Ashim Kr. Ganguli Mr. Bellal Shaikh ...for the State.

Petitioner is aggrieved by the fact that the private respondents are interfering with the peaceful enjoyment of the property of the petitioner and the same is with the intention of grabbing the property. To that effect, petitioner has already approached the civil court and in TS 270/2019 the learned Magistrate has been pleased to pass a status quo order holding that there should not be any change in the nature and character of the property. Learned advocate for the State has submitted a report. Report reflects that the police authorities are well aware regarding the nature of dispute existing between the petitioner and the

private respondents and to that effect, proceedings have been drawn up under section 126 of the BNSS. Police authorities are not empowered to ordinarily interfere with issues relating to property until and unless there are specific directions from the Court. Accordingly, petitioner would approach the civil court for specific directions upon the police authorities to be passed. Police authorities would respect, obey and implement such order. In the meantime, police authorities would ensure that there is no breach of peace and/or tranquility and/or any untoward incident resulting from the inimical relationship existing between the parties. With the aforesaid observations WPA 9335 of 2025 is disposed of.

Report so submitted be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)